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FDCPA violations question


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no, you sue the OC, but remember that the OC may not be subject to the FDCPA.

If the attorney is only representing the OC, he is not a DC.

Boy this is going to be a tough one.

See this is the situation Divemedic.

I have the following:

Plaintiff = OC

Defendant = me

Then suddenly, the OC's alleged attorney slips up in a motion and says that the Plaintiff is actually Debt Collector, LLC so and so.

Then the atorney goes back to asserting in their motions that the Plaintiff is the OC, never stating that little incident was a typo either.

Admissions are precluded in Virginia General District Court (only allowed in circuit court), but I tried anyways.

Plaintiff didn't answer admissions.

The problem is I can't tell who is who. No one will substantiate proper standing after I have challenged it.

The Attorney refuses to prove an affidavit of counsel.

I know that these are all things that will help me break the courts subject matter jurisdiction to hear the case, but it makes it awfully difficult to figure out who I need to initiate a counterclaim/crossclaim against.

A counterclaim would be a useful tool in helping me get rid of this suit (although I have some pretty good affirmative defenses) but like I said I can't figure out who I'd need to sue anymore!

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If the attorney is a debt collection atty... ie: most of his revenues are from debt collection or most of his work is doing that, then he IS subject to the FDCPA.

SO you countersue the lawfirm and the lawyer(s) involved by name.

Ex:

Plaintiff CrapOneBank, CounterDefendant Craponebank, Ahole+Assoc PC, Mr AHole Esq, Ms Ahole Esq.....

vs

Defendant, CounterPlaintiff, YoursTruly

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Did you try filing a MFD based on plaintiff's lack of capacity or standing to sue you? Seems that would force their hand on who actually owns the debt.

MFD= Motion for Dismissal ....no dont want to keep missing time from work to go to court

MFD= Motion for Discovery ....no Discovery is precluded in VA general district court only subpoena duces tecum is permissable.....

Which did you mean?

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If the attorney is a debt collection atty... ie: most of his revenues are from debt collection or most of his work is doing that, then he IS subject to the FDCPA.

SO you countersue the lawfirm and the lawyer(s) involved by name.

Ex:

Plaintiff CrapOneBank, CounterDefendant Craponebank, Ahole+Assoc PC, Mr AHole Esq, Ms Ahole Esq.....

vs

Defendant, CounterPlaintiff, YoursTruly

Pretty clear, thanks. So you mean I could sue Plaintiff (OC), alleged Plaintiff, and attorney?

Won't it cost me hundreds to serve all of these parties? e.g Plaintiff, alleged Plaintiff, attorney, and their law firm?

Thanks

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Who committed the violations?

Recovering...it's too hard to tell.

Plaintiff violates...well who is the real plaintiff? Attorney DEFINITELY violated.

By the time I find out its going to be at trial and too late to counterclaim.

More thoughts?

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